정산금 청구의 소
1. Of the judgment of the court of first instance, the following additional payment order is applicable.
1. The first instance court rendered a judgment of the first instance on the purport that the part of the Plaintiff’s principal lawsuit is partially cited and that the Defendant dismissed the Defendant’s counterclaim. Since the Defendant did not file a partial appeal on the part against the principal lawsuit and did not file an appeal on the part against the counterclaim (see, e.g., the purport of the Defendant’s appeal), among the judgment of the first instance, the part on the counterclaim in the judgment of the first instance is excluded from the scope of the trial of the party, and is subject
2. Determination as to the cause of the principal claim
A. 1) On February 21, 2014, the Korea Environment Corporation shall carry out dismantling and disposing of asbestos slate from the members of Busan Dong-gu, Jung-gu, and Seo-gu (hereinafter “the instant construction”) (hereinafter “the instant construction”).
(2) On February 24, 2014, the Plaintiff and the Defendant concluded a joint contract with the Korea Environment Corporation and the representative on March 6, 2014, under which the instant construction work was awarded on March 6, 2014 by participating in the said bidding. (2) On March 24, 2014, the Plaintiff entered into a joint contract with the Korea Environment Corporation and the representative on March 24, 2014, under which the Plaintiff entered into a joint contract with the Plaintiff (non-meter, structure dismantling and removal business), the contract amounting to KRW 594,289,850, the total construction cost, and the construction period on November 30, 2014.
3) Upon completion of the instant construction project on December 15, 2014, the Plaintiff and the Korea Environment Corporation settled the total construction cost of KRW 393,829,00. Of them, KRW 118,148,70 corresponding to 30% was paid to the Plaintiff, and KRW 275,680,30 equivalent to the remainder 70% was paid to the Defendant. 4) Meanwhile, the Plaintiff entered into a subcontract contract for the construction of the instant construction project with the Seoul District Court for the disposal of wastes (hereinafter referred to as the “SIE”) around March 2014. While SIE completed the construction project on December 12, 2014, the Plaintiff filed a lawsuit against the Plaintiff who did not receive KRW 33,494,580 of the construction cost as Busan District Court’s claim for service charges (hereinafter referred to as “related lawsuit”).
The above court rendered a favorable judgment on October 15, 2015.